Litigation

Election-Privacy Case Looms Before Supreme Court

By Peter Hardin

An election-privacy case from Washington state, to be argued before the Supreme Court next week, offers a warm-up skirmish for the more distant battle over gay marriage, according to a New York Times article.

In the Washington case, a group supporting traditional marriage wants to keep secret the names of signers of a ballot initiative to repeal a pro-civil union gay rights measure. The group says disclosure would probably subject the signers to threats and harassment.

In an amicus brief, the New York Times Co., the Associated Press and other news organizations say the petitions ought to be handled as public records. And gay rights groups contend in a separate amicus brief that the opposition is using a ?largely fictitious tale that those who seek to deprive lesbian and gay Americans of rights are the ones being victimized.?

Another group called the American Civil Rights Union, however, drew parallels in its amicus brief between Nazis and gay rights activists, saying, “?There must be no place in our democracy for Brownshirts seeking to force their way through thuggery and violent intimidation.”

The Supreme Court’s January ruling in Citizens United v. Federal Election Commission supported requirements for disclosure of corporate spending on elections. In the context of gay marriage, however, the court has indicated it might rule on disclosure requirements differently.

Justice Anthony M. Kennedy wrote that disclosure requirements would not pass constitutional muster ?if there were a reasonable probability that the group?s members would face threats, harassment or reprisals if their names were disclosed.?

You can learn more about the Washington case, Doe v. Reed, from Gavel Grab.

Full post as published by The Gavel on April 20, 2010 (boomark / email).